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Companies in private international law
Botová, Hana ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Companies in private international law Abstract The purpose of my thesis is to analyze the regulation of companies in private international law with the focus on the possibilities of cross-border movement of companies. In today's globalized society, the mobility of companies affects both economy of the state and lives of the employees, creditors and other parties. It is therefore subject to regulation. State's conflict of laws rules are based on two main methods to determine the status of the company, i.e. the incorporation doctrine and the real seat doctrine. These two doctrines are clashing in many aspects. The thesis is composed of an introduction, followed by five chapters, and a summary. Chapter One is introductory and defines basic terminology used in the thesis: the terms company and private international law. The second chapter explains the concept of status of a company and analyses the incorporation theory, the theory of real seat and the theory of super-addition. It also deals with the cross-border transfer of seat. Chapter Three examines Czech legislation regarding the personal status of a company. It explains the historical background and recent Czech concept of the incorporation theory, addresses the issue of seat in Czech law and investigates the regulation of cross-border transfer of seat....
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